Things You Should Be Aware Of While Legally Adopting A Child Under Hindu Law
By Team Legistify / 2016-05-05
Law endows childless couples and single parents with the gift of adopting a child. As gratifying and rewarding an experience it is, certain guidelines are to be followed to avoid legal hassles later.

Have a Legal Issue?

Get connected to the Best Lawyers and Chartered Accountants Near You!


Adoption happens when an adult legally assumes the role of a parent for a child. Adoptions happen for numerous reasons, such as; when parents of the child are unable or unwilling to take care of their child, when the birth parents are deceased, or when one birth parent remarries a spouse who wishes to assume legal parental rights. Adoption can take place through a number of methods, ranging from adopting through an agency that places children with adoptive parents, adopting independently through an arrangement between the adoptive and birth parents, or adopting a child from another country.

The provisions for adoption have been laid down in various Indian legislation. Adoption law varies with the religion of parents in India. Hindu law describes adoption procedure in the Hindu Adoptions and Maintenance Act, 1956. Muslim personal law does not recognize adoption. Muslim, Christian, Parsi, and Jews can adopt in accordance with the Juvenile Justice (Care and Protection of Children) Act 2006, or opt for guardianship of a child through the Guardians and Wards Act, 1890.

According to Section 2 (aa) of the Juvenile Justice (Care and Protection) Act of 2000, adoption is the "process through which the adopted child is permanently separated from his biological parents and becomes the legitimate child of his adoptive parents with all rights, privileges and responsibilities that are attached to the relationship".

The definition highlights an interesting point regarding the rights of the adopted child, the child enjoys all the legal rights as if he/she was the biological son/daughter of the adopting parents. Top family lawyers in India can help you with child adoption under Hindu Laws.

Why is it necessary to legally adopt in India?

Law endows childless couples and single parents with the gift of adopting a child. As gratifying and rewarding an experience it is, certain guidelines are to be followed to avoid legal hassles later.

Have a Legal Issue?

Get connected to the Best Lawyers and Chartered Accountants Near You!


Related Posts

Read Our Blogs on Similar Topics